Cops See a Guy Who Looks Similar to the Actual Suspect (so they just grab him and call it a day)
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Mistaken Identity, Missing Body Cams, and a Finger Gun: Inside a Controversial Arrest on Fremont Street
On a busy November night in downtown Las Vegas, three young adults stepped out for tacos and a stroll along the neon-lit promenade of the Fremont Street Experience. Within minutes, what should have been a carefree evening turned into a chaotic confrontation with police—one that ended in violent takedowns, criminal charges, and now a federal civil rights lawsuit.
At the center of the controversy is a fleeting hand gesture: a “finger gun,” allegedly aimed by a driver at a city marshal. But the people who were tackled, handcuffed, and charged that night were not the ones who made it.
The Initial Encounter
According to court filings and surveillance footage later gathered by defense counsel, the incident began around 9:00 p.m. on November 11, 2023. Officer Jorge Koka, a city marshal employed by the City of Las Vegas, was conducting a traffic stop near Fremont and Fourth Streets when he reportedly observed the driver of a black Dodge Durango make a finger-gun gesture in his direction.
The Durango entered the nearby Neonopolis parking garage. Surveillance video shows its occupants taking the elevator to the ground floor and walking off without further police contact.
Moments later, a separate group—Tim McCoy, his sister Alyssa King, and her boyfriend Ken Kennedy—entered the same garage in a gray Hyundai. They, too, took the elevator to the ground floor.
When the doors opened, officers were waiting.
The Wrong People
Instead of stopping the occupants of the black Durango, police confronted McCoy and his companions—three African-American individuals who had arrived in an entirely different vehicle.
Video from surveillance cameras and cell phones shows officers immediately questioning the trio about a hand gesture they say they did not make. The group appears confused. They ask what car officers are referring to and explain that they drive a Hyundai, not a Dodge Durango.
Despite their cooperation, the situation escalated.
McCoy, a former college football player described by his attorney as “a gentle giant,” began walking away after believing the conversation had concluded. Within seconds, multiple officers tackled him from behind. He was slammed to the pavement, pinned down, and threatened with a Taser. Witnesses say some of his hair was pulled out during the struggle.
King and Kennedy began recording the encounter on their phones, shouting that McCoy had done nothing wrong and demanding to know what crime he had committed.
What began as confusion quickly transformed into force.
Escalation and Arrest
Body camera footage exists—but only from after McCoy had already been taken to the ground. The initial interaction was not captured with audio. According to the plaintiffs’ attorney, that gap is critical.
Officers later claimed McCoy was being detained and failed to comply. However, without audio from the beginning of the encounter, there is no clear record of what was said before the takedown.
As McCoy stood handcuffed near a patrol vehicle in front of hundreds of bystanders, Kennedy continued filming. That, too, ended violently.
Video shows an officer suddenly grabbing Kennedy and slamming him onto the sidewalk. A witness later said she felt the ground shake. Kennedy was arrested as well.
Ultimately, McCoy faced misdemeanor charges including obstruction and providing false information to an officer. Kennedy was charged with battery on a police officer and related offenses. The alleged “intimidation of a police officer” tied to the finger gun—if it constituted a crime at all—was not charged against them.
The Criminal Cases Collapse
Enter attorney George—whose law firm, Kerr Simpson, is based in Henderson, a suburb of Las Vegas.
When the three defendants walked into his office seeking representation, he says he was immediately struck by their account. They maintained they had done nothing wrong and insisted they had been mistaken for someone else.
George subpoenaed surveillance footage from multiple businesses along Fremont Street. The area is saturated with cameras—operated by casinos, retail establishments, and the city itself. He also collected cell phone footage recorded by King and Kennedy.
The evidence told a different story than the police reports.
Video confirmed that the black Durango’s occupants had taken the elevator first. It showed that McCoy’s group arrived separately in a different car. It demonstrated that Kennedy was grabbed before being told he was under arrest—contradicting an officer’s written claim that Kennedy had advanced toward him.
Faced with mounting video evidence, prosecutors dismissed the more serious charges against Kennedy.
McCoy’s case, however, had taken a more complicated path. Represented initially by a public defender on a misdemeanor count, he entered a guilty plea before George could intervene. That plea was later withdrawn after George filed a motion and presented exculpatory video evidence.
On the eve of trial, prosecutors dismissed the remaining charges.
Without the footage—and without an attorney willing to pursue it—the convictions might have stood.
A Pattern of Questions
The controversy extends beyond this single arrest. The city marshal involved in the initial finger-gun allegation later left the department and joined the North Las Vegas Police Department. According to media reports, he was terminated after inquiries about the incident surfaced.
Other officers involved have reportedly been named in previous lawsuits. The City of Las Vegas has filed motions to dismiss the civil suit and has, according to George, declined to accept service on behalf of the individual officers—forcing plaintiffs to hire private investigators to locate and serve them personally.
The lawsuit alleges violations of constitutional rights, including unlawful detention, excessive force, false arrest, and retaliation for recording police activity.
The Legal Questions
At the heart of the case are several critical legal issues:
Was the finger-gun gesture a crime?
Even assuming the original suspect made the gesture, it is unclear whether such conduct meets the statutory threshold for “intimidation of a police officer.” Legal experts note that offensive or disrespectful gestures toward law enforcement—while provocative—are often protected by the First Amendment unless accompanied by a true threat.
Was there reasonable suspicion?
Police must have specific, articulable facts linking an individual to criminal activity before detaining them. Here, surveillance video appears to undermine the officers’ assumption that McCoy and his companions were the Durango’s occupants.
Why were body cameras not activated earlier?
The absence of audio from the initial encounter raises concerns about transparency. Body cameras are widely viewed as tools for accountability, protecting both officers and civilians. When recording begins only at the moment force is used, it invites scrutiny.
Why pursue charges after discovering the mistake?
Perhaps the most troubling allegation is that officers doubled down rather than acknowledge an error. Filing obstruction or resisting charges following a questionable stop is a recurring complaint in civil rights litigation.
The Broader Context
Police-civilian interactions in high-traffic entertainment districts are inherently tense. Officers face real safety concerns. Quick decisions are often required.
Yet mistaken identity cases highlight the thin margin for error. When force is applied before clarity is achieved, the consequences can be life-altering.
For McCoy, King, and Kennedy, the ordeal involved physical injury, public humiliation, legal fees, and months of uncertainty. For the city, it now carries potential financial liability and reputational damage.
Where the Case Stands
The federal civil rights lawsuit is ongoing. Motions to dismiss are pending. Depositions have not yet begun. Plaintiffs’ counsel continues to gather evidence and welcomes additional witnesses who may have recorded or observed the incident.
The outcome will likely hinge on video evidence, officer testimony, and the court’s assessment of qualified immunity—a legal doctrine that shields government officials from liability unless they violated clearly established constitutional rights.
Public Reaction
Public opinion has been divided. Some argue the officers acted reasonably under uncertain conditions. Others see the incident as emblematic of racial profiling and a culture of escalation.
One question resonates: if police quickly realized they had stopped the wrong individuals, why not disengage?
Video appears to show that bystanders were vocal in questioning the officers’ actions. The scene unfolded in front of tourists, street performers, and families enjoying a Saturday night.
In the age of ubiquitous cameras, the margin for narrative control has narrowed. Surveillance footage and cell phone recordings now routinely supplement—or contradict—official accounts.
Accountability and Transparency
The case underscores ongoing debates about policing practices: activation policies for body cameras, training on de-escalation, supervision in high-visibility areas, and mechanisms for independent review.
Transparency can protect officers as well as civilians. Clear documentation of interactions reduces ambiguity and strengthens public trust. Conversely, missing footage or inconsistent reports can erode confidence even in situations where officers may have acted in good faith.
The Human Cost
For McCoy and Kennedy, the physical confrontation could have ended far worse. Officers drew Tasers and reportedly pointed firearms during the arrest. King described fearing for her brother’s life.
Mistaken identity cases are uniquely traumatic. They confront individuals with the sudden loss of control and the realization that innocence does not guarantee safety in the moment.
Looking Ahead
As litigation proceeds, the courts will weigh evidence and determine whether constitutional boundaries were crossed.
Regardless of the final judgment, the episode serves as a cautionary tale about assumptions, escalation, and the power of video evidence.
On a crowded street in Las Vegas, what began as a gesture—ambiguous and perhaps immature—spiraled into arrests, charges, and a lawsuit that may cost the city far more than a moment of embarrassment.
In a society governed by laws, the integrity of those laws depends on restraint as much as enforcement. When mistakes occur, accountability—not deflection—restores trust.
For now, three individuals who went out for tacos are left waiting for resolution, their night on Fremont Street transformed into a legal battle that may shape how similar encounters are handled in the future.
As the case unfolds, it will test not only the actions of the officers involved, but also the systems designed to oversee them.
